대형점포에 대한 영업규제의 현황과 그 시사점 - 일본법을 중심으로 - = The Implication and Business Regulation on the Large Scale Store -In Japanese law-

다국어 초록 (Multilingual Abstract)

Policy on distribution through the Distribution Industry Development Act is definitely part of public policy of which the state or local government is in charge. The Distribution Industry Development Act has become an issue regarding regulation of the big stores opening their branches across the nation. Public policy includes economic, social, and foreign policies. The policy on distribution is part of the economic policy whose purpose is to help members of the society enjoy better living environment with strong economic welfare. The ultimate goal of the economic policy is to maximize citizens’ welfare, and to do so, fairness and efficiency are needed. In order to achieve the fairness and efficiency, we need policies concerning economic growth, economic stability, fair competition, environment, redistribution of asset and income and welfare. Accelerating entry of large stores in the existing market area and opening more branches cause difficulty in revitalizing small and local markets, causing diverse conflicts between big and small markets, which will end up strengthening regulation through the revision of the Distribution Act based on the national consensus. Even then, the regulation should be equipped with measures based on rationality and effectiveness. Therefore, rather than simply protecting small and local markets or regulating large markets, it is necessary to have devices related to policy goals such as protection of neighboring environment where large markets open, welfare improvement of residents and consumers, and establishment of pleasant city environment. In short, regulation of large stores should be implemented not just based on economic purpose protecting small and local markets, but also social purpose considering how the opening big stores affects the neighboring areas and environment as well as universal values considering market workers’ health and the local residents’ life quality by controlling business hours. From this perspective, the Distribution Act and its related acts should be essentially revised.